Records Amendment Principles 2006 (No. 1) (Cth)

Records Amendment Principles 2006 (No. 1)

Aged Care Act 1997

I, SANTO SANTORO, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.

Dated 21 December 2006

SANTO SANTORO

Minister for Ageing

1. Name of Principles

These Principles are the Records Amendment Principles 2006 (No. 1).

1. Commencement

These Principles commence on 1 March 2007.

1. Amendment of Records Principles 1997

Schedule 1 amends the Records Principles 1997.

Schedule 1        Amendments

(section 3)

[1]           Section 19.3

substitute

19.3        Definitions

In these Principles:

Act means the Aged Care Act 1997.

Accountability Principles means the Accountability Principles 1998 made under subsection 96‑1 (1) of the Act.

police certificate, for a person, means a report prepared by the Australian Federal Police or by the police force or police service of a State or Territory about the person’s criminal conviction record.

[2]           Section 19.5, heading

substitute

19.5        Kinds of records to be kept — care recipient

[3]           After section 19.5

insert

19.5A      Kinds of records to be kept — staff members and volunteers

(1)   An approved provider must keep records that enable the provider to demonstrate that:

(a) in accordance with Part 4 of the Accountability Principles, there is for each person who is a staff member or volunteer a police certificate that is, at all times during which the person remains a staff member or volunteer, not more than 3 years old; and

(b) for any period that a staff member or volunteer is allowed under Part 4 of the Accountability Principles to be without such a certificate, an application for a police certificate has been made; and

(c) any statutory declaration required to be made by a staff member or volunteer under Part 4 of the Accountability Principles has in fact been made.

(2)   In this section:

staff member, of an approved provider, has the meaning given by section 1.18 of the Accountability Principles.

volunteer, for an approved provider, has the meaning given by section 1.18 of the Accountability Principles.

19.5B     Duty to keep police certificates

If a police certificate, or a copy of a police certificate, is kept by an approved provider under section 19.5A, the police certificate or copy must be kept in accordance with the Privacy Act 1988.